Guide to Criminal Sentencing for Maine Misdemeanor and Felony Charges

Maine criminal law classifies offenses into class A, B and C felonies and class D and E misdemeanors. The maximum sentence is determined by the class of crime. Our state has relatively few mandatory minimum penalties and there are no rigid sentencing guidelines to dictate the range of sentences. Judges in Maine have a lot of discretion to set the appropriate sentence and that means it’s possible to get a good sentence even if there are no good defenses. This article will discuss the sentencing system in general. Articles on specific crimes are linked throughout and those cover sentencing issues particular to that crime.

Probation. A period of supervision where a defendant must comply with certain conditions. 17-A §1202 gives the maximum periods of probation.

Fines. A monetary penalty paid to the State of Maine. 17-A §1301 lists the maximum fines.

Restitution. Money paid through the District Attorney’s office and distributed to victims who suffered economic loss because of the offense. 17-A §1325 explains the situations in which restitution is allowed.

Misdemeanor Sentences Class D and E Crimes.

Class D and E crimes are misdemeanors which are crimes punishable by a incarceration of less than one year in jail. The maximum penalties are as follows:

Sentencing Class can be Increased for Weapons or Prior Convictions

Weapons:17-A §1252 (4) provides that if the offense involves a dangerous weapon, like a gun, the class of crime is increased one class. So a class D misdemeanor can become a class C felony and so on. This does not apply to any offense such as aggravated assault where the use of a weapon is an element of the crime or where that criminal statute already provides that the classification is enhanced by a weapon.

Priors:
17-A §1252 (4-A) provides that a the class of crime be increased by one class if at the time of the offense, the defendant has 2 prior convictions for certain crimes:

A crime listed in Chapter 9 including assault, threatening, terrorizing or reckless conduct.

Under 17-A §9-A, the prior conviction must be within 10 years of the date of the current crime except that, for Sexual Assault convictions under chapter 11, the priors can be from any time. Convictions for substantially similar conduct in other jurisdictions can also be used. The enhancement for prior convictions does not apply to any statute that, within it’s own language, already provides for a sentencing class enhancement based on priors.

Theft Offenses:
It is worth noting that the statutes for theft in Chapter 15, forgery in 17-A §703, and negotiating a worthless instrument in 17-A §708 specifically provide for an enhancement to a class C felony if the defendant has any combination of 2 prior felony or misdemeanor convictions for committing or attempting the following crimes:

For a felony crime that involves the use of a Firearm against a person, the mandatory minimum prison terms are set by 17-A §1252(5), For Aggravated trafficking in drugs under 17-A §1105-A, Aggravated trafficking or furnishing of counterfeit drugs 17-A §1105-B and Aggravated furnishing of scheduled drugs 17-A §1105-C, there are mandatory minimums as set by the sentencing statute at 17-A §1252(5-A). For any of these convictions, the minimum prison sentence depends on the class of crime:

Mandatory Minimums, Habitual Motor Vehicle Offender

The other common mandatory minimum penalties involve Operating after Habitual Offender Revocation or so called H.O. charges. Click the link above for a comprehensive discussion of those charges. There is no “safety valve.” Here is a run down of the Minimums as set in 29-A §2557-A:

First offense with no prior or OUI within 10 years: Class D misdemeanor, $500 fine 30 days jail

Third offense for HO or with 2 prior OUIs within 10 years: Class C felony $1000 and 9 months jail

Fourth offense for HO or with 3 prior OUIs within 10 years: Class C felony $1000 fine and 2 years in prison

Aggravated Operating After Habitual Offender Revocation is defined by 29-A § 2558 and is where a person has a revoked license and drives while intoxicated, driving to endanger, eludes police, passess a roadblock, or exceeds the speedlimit by 30 miles per hour or more. Minimum penalties are as follows:

First offense with no prior or OUI within 10 years: Class D misdemeanor, $500 fine 6 months in jail

Second Offense for HO or defendant has 1 prior OUI within 10 years: Class C felony, $1000 fine and 1 year in prison

Third offense for HO within 10 years: Class C felony $2000 and 2 years in prison

Extended Probation for Some Felonies

For most cases, the maximum probation is as listed above: 2, 3, or 4 years. But 17-A §1202 does allow longer probation for some felony convictions

For a Sexual Assault listed in Chapter 11, or Sexual Exploitation of a Minor listed in Chapter 12, involving a victim under 12 years old the probation period can be up to:

18 years for Class A crimes

12 years for a Class B crime; and

6 years for a Class C crime

Probation can also be extended for some felonies against family or household members including the offenses under chapters 11 and 12 discussed above. Extend probation also apply to: any crime listed in Chapter 9 including assault, threatening or reckless conduct; an offense listed in Chapter 13 such as kidnaping or criminal restraint, endangering the welfare of a child 17-A §554, or incest 17-A §556. For these convictions, probation can be up to:

6 years for a class A crime

4 years for a class B crime

4 years for a class C crime

For “repeat sexual offenders” as defined by 17-A 1252 4-B the probation period is unlimited. To meet this definition, a defendant must be convicted of Gross Sexual Assault and have a prior conviction for that offense, for rape, or for murder or attempted murder involving sexual assault.

How Probation Works in Maine

Maine has no parole and instead uses split sentence probation. This is where a person is sentenced to a jail term, which is fully or partially suspended with a period of probation to follow release. The probation period is a time where the person is free but subject to conditions like no contact with the victim and no drinking. They check in with a probation officer who monitors their compliance.

So lets say that the sentence is 180 days with all but 80 days suspended and 1 year of probation. The person must first serve 80 days in jail since that portion of the sentence was unsuspended. They will then be released to serve 1 year of probation and if they complete that, they never return to jail. If they violate any probation conditions they can be sent back to jail to serve some or all of the 100 days remaining on the sentence.

Lifetime Federal Firearms Prohibition

Anyone convicted of any Felony or of some Domestic Violence misdemeanors (such as Assault) in Maine will be prohibited from possessing guns or ammunition for the rest of their life. A violator will be charged with a Federal crime. This is a big topic which is not covered fully here. For more, click to this article which details the law on Federal firearm prohibitions.

Guide to Criminal Sentencing for Maine Misdemeanor and Felony Charges
by Luke Rioux